Interim Resolution CM/ResDH(2022)355

Execution of the judgment of the European Court of Human Rights

Georgia v. Russia (II)

(Adopted by the Committee of Ministers on 8 December 2022 at the 1451 st meeting of the Ministers’ Deputies)

Application

Case

Judgment of

Final on

38263/08

GEORGIA v. RUSSIA (II)

21/01/2021

Grand Chamber

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Recalling that in its judgment the European Court established the jurisdiction of Russia over Abkhazia and South Ossetia during the occupation phase in the context of the armed conflict between the Russian Federation and Georgia in August 2008;

Recalling further that the Court found the existence of administrative practices contrary to:

- Articles 2, 3 and 8 of the Convention and Article 1 of Protocol No. 1 as regards the killing of civilians, who had been targeted as an ethnic group, and the torching and looting of houses in Georgian villages in South Ossetia and in the “buffer zone”;

- Article 3 of the Convention as regards the conditions of detention of Georgian civilians and the humiliating acts which had caused them suffering and had to be regarded as inhuman and degrading treatment;

- Article 5 of the Convention as regards the arbitrary detention of Georgian civilians;

- Article 3 of the Convention as regards the acts of torture of which the Georgian prisoners of war had been victims;

- Article 2 of Protocol No. 4 as regards the inability of Georgian nationals to return to their respective homes in South Ossetia and Abkhazia;

Recalling that the Court found also a violation of Article 2 of the Convention in its procedural aspect on account of the failure of the Russian Federation to carry out an adequate and effective investigation not only into the events which had occurred after the cessation of hostilities (following the ceasefire agreement of 12 August 2008) but also into the events which had occurred during the active phase of hostilities (8 to 12 August 2008); and a violation of Article 38 of the Convention as regard the failure to furnish all necessary facilities to the European Court in its task of establishing the facts of the case;

Recalling further that the question of just satisfaction under Article 41 of the European Convention remains pending before the European Court;

Noting with deepest regret, despite the Committee’s previous indications, the persistent lack of information on the concrete measures taken or envisaged by the respondent State to execute this judgment, with the exception of its dissemination to competent state bodies;

Reiterating, having regard to the scale and nature of the grave violations found, the necessity for the respondent State to take urgent and tangible measures to ensure cessation as well as elimination of the root cause of these violations and to avoid their repetition;

URGED again the authorities to submit to the Committee of Ministers a thorough and comprehensive action plan on the execution of this judgment;

CALLED UPON the Russian authorities to thoroughly, independently, effectively and promptly investigate the serious crimes committed during the active phase of hostilities as well as during the period of occupation, so as to identify all those responsible for the purposes of bringing the perpetrators to justice;

FIRMLY REITERATED AGAIN its profound concern about the inability of Georgian nationals to return to their homes in South Ossetia and Abkhazia and its insistence that the Russian Federation, which has effective control over these regions, ensure without delay safe return of persons wishing to return to their homes;

INVITED ONCE AGAIN the authorities to provide information on the measures put in place to ensure that similar violations of Article 38 do not occur in the future;

TOOK NOTE of proposals for a strategy for the supervision of the execution of cases pending against the Russian Federation presented by the Secretariat and instructed the Secretariat to supervise its fulfilment and ensure it is updated in light of any future developments;

DECIDED to resume consideration of this case at their 1459 th meeting (March2023) (DH).